Implementation of the Eu Law in the Czech Republic: A Comparative Perspective
Simicek, Vojtech, German Policy Studies
This article deals with selected constitutional law aspects of the European integration. First, the variants of relation between acquis communautaire and the national legal orders of several Western and Central European countries are analyzed. The author takes notice that there is no need for a special form of integration; however, he argues that such a solution would be more suitable. The sense of the integration legal provision is in the confirmation by the member states that they create the power of the unified communities. The legislative acts of this power intervene in the national legal orders of the member states, and are superior to the national law. This article also deals with the European integration models: the functional, the substantive and the procedural. The article concludes that it is possible to expect, in the case of the Czech Republic, an inclination towards the functional model.
The process of European integration represents an interdisciplinary issue, because the phenomenon of the European Union itself can be observed from various points of view: economic; social; national security; political; political science; and, constitutional. The European Union does not only represent a way of ensuring and providing the free movement of persons, services, and capital among the particular contractual parties at the moment; at the same time, the European Constitution, the federalization of the European Union, etc. are also being discussed (e.g. the Charter of Fundamental Rights was recently passed). Therefore, it is important to analyze the possible interactions between the European law and the national laws. While the international law system has been hitherto based on the principle of the sovereign equality of the individual states, as a supranational community, the European Union represents a brand new quality, in which this principle is substantially modified in deference to the European Union. It is also necessary, from a legal point of view, to differentiate between the European Communities and the European Union; they are interconnected, but they are legally separate institutions. The European Communities are the international legal personality; the European Union is the denotation only for the co-operation of the member states in the fields of common foreign and security policy, and in the spheres of judicial and domestic affairs, i.e. it does not have the position of an international legal personality.
It is possible to generally assert that the relationship between the EC law and the national laws is based on the principle of EC law primacy over any other source of national legal orders, including constitutional law; this primacy is derived from the certain judicial review of the Court of Justice. The method of regulating integration into the European Communities, and the relationship between international and national laws depend on the sovereign decisions of any state in accordance with its constitutional system. This article deals with one aspect of the agenda of the Czech Republic's integration into the EU: the constitutional aspect. Thus, it focuses on the possibilities of integration delegation in the constitutional order of the Czech Republic de constutitione ferenda. First, it outlines a comparison of the methods of constitutional integration in some other candidate countries.
Initially, it is necessary to highlight that the execution of the sovereign powers of the state is a matter of the given state's competence, and only its constitution is capable of the explicit assumption of such execution of power; even without the regulation of such explicit delegation, it is obvious that the state is authorized to such execution (1) and is able to act without explicit constitutional delegation, i.e. directly in the international treaty (for example, Great Britain and Finland did so) (2). However, the prevailing opinion of the expert community stipulates that explicit integration delegation is the more appropriate method for "constitutional solution" of EU accession; this opinion is based on the principle of legal certainty, because with explicit integration delegation, some procedural requirements for this transposition and its limits can be set out. …